RE: Stand your ground (Full Version)

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Owner59 -> RE: Stand your ground (3/20/2012 8:21:42 PM)

It`s not the responsible ones I`m ever worried about.....





And I`d bet money that the poor slob who shot the boarder thought he was responsible.....till he wasn`t.





Same with this creep Zimmerman........this law could shield him of wrong doing.....where does this end?




Iamsemisweet -> RE: Stand your ground (3/20/2012 9:33:14 PM)

What is going to hurt this guy is that there are a couple of tapes where you can hear someone screaming shrilly in the background. His friends say it was the victim. That will hurt Zimmerman, since it sounds like the victim was the one in reasonable fear of his life. Not to mention that Zimmerman was told by the 911 operator not to follow the poor kid.

I am wondering if perhaps the reason for the delay in an arrest is because the cops don't want to take any risks with what is bound to be a high publicity, high stakes case, with accusations of racism possible on both sides. They may just be working with the State's attorney to make sure they have their act together before they arrest. I know, kind of farfetched, but possible.

There was a similar situation in my county a couple of months ago. Really drunk guy wanders onto some rural property in the middle of the night and scares the homeowner and his wife. They call 911, but then, for some reason, the homeowner goes outside with a shotgun and confronts the drunk, and ends up shooting him dead before the police got there. This state has the castle doctrine, where you are not required to retreat in their own home, but I thought the homeowner would get charged because he went outside. Instead, the prosecutor decides not to indict. The victim's family is all outraged, but prosecutors just don't like these kind of cases. Too much chance to lose.




farglebargle -> RE: Stand your ground (3/20/2012 9:37:14 PM)

776.041 says that section three (nor section one, as far as I can tell - but that's irrelevant here) does not apply if you provoke an attack. In other words, if you start a fight, you can't shoot someone unless you try to run away, or, if you can't run away make It clear that you don't want to fight.




Owner59 -> RE: Stand your ground (3/20/2012 10:06:29 PM)

On your own property,in your own home protecting your loved ones is one thing......having everyone walking/driving about pack`n,where any ground,anywhere.....one could claim to be "standing ground"......is another.

If one did what either of these guys did in my state,they`d be arrested.

As the cops point out....there`s not much they can do with this law in place.

There was a shoot-out here in Jersey about 15 years ago.After a charity ride,a biker club did a cook-out in a back lot of a VFW hall.

I think they called themselves "Tri-County Bike Club".They wore "colors" on their jackets but weren`t 1%ers(a term used for outlaw bikers,ironically,now for wallstreet banksters....lol).

Now the was another biker gang who were 1%ers called the "Pagans".They`re a rival gang of the Angles.But at this gathering,they were going after the Tri-County club for the crime of wearing "colors" or your clubs name on your jacket.Many 1%ers claim that "right" only for themselves.

At the post charity cook-out,the Pagans arrived without bikes.....six of them came in one van.

Quietly at 1st,the Pagans went around from table to table,tent to tent,grabbing the club jackets and at knife point,ripped the patches off the jackets,pushed people around and then going to the next table.......where a couple of the Tri-County club riders where laying in wait with hand guns.They had been attacked by the Pagans in the past,in the same way.

When the Pagans got around to them,guns were drawn,knives were swinging and a some shots were fired.One Pagan said,"pull a gun on a Pagan and you`re dead"....I think he survived but some others didn`t.Tri-County riders and some girlfriends were stabbed in the neck and a most all of them went to jail,including the Tri-County shooter.

They found that he knew the Pagans were coming and was laying in wait......which is not legal and put him in jail.Just a regular working joe he was,sent to jail,for a long time.

What the Tri-County riders should have done was called the police.The staties were just down the road a few miles.

As it turned out,the cops wouldn`t even go up to get the wounded till everyone who could walk, came down w/ their hands up.It took hours and hours.




GrandPoobah -> RE: Stand your ground (3/20/2012 10:30:58 PM)

While I agree they might not have the evidence to convict him of murder, they could certainly charge him with assault or some degree of manslaughter. It's up to a court to decide whether he's guilty, and I'll accept whatever verdict a jury hands down, even if I disagree. However, this situation has evolved into a "we won't charge him because we'd look stupid for not having charged him the first place" thing, with a relatively incompetent police force digging a deeper hole to try to find a way out. News Flash: China is a long ways to dig!

In short, they claim they have no evidence to contest his claim, while the 9-1-1 tapes and other things, now including an account of the girl he was talking with on the phone while it was happening, clearly show that's not true.

The best thing to do when you find yourself in a hole is first stop digging!




GrandPoobah -> RE: Stand your ground (3/20/2012 10:33:55 PM)


quote:

ORIGINAL: Owner59

On your own property,in your own home protecting your loved ones is one thing......having everyone walking/driving about pack`n,where any ground,anywhere.....one could claim to be "standing ground"......is another.

If one did what either of these guys did in my state,they`d be arrested.

As the cops point out....there`s not much they can do with this law in place.

There was a shoot-out here in Jersey about 15 years ago.After a charity ride,a biker club did a cook-out in a back lot of a VFW hall.

I think they called themselves "Tri-County Bike Club".They wore "colors" on their jackets but weren`t 1%ers(a term used for outlaw bikers,ironically,now for wallstreet banksters....lol).

Now the was another biker gang who were 1%ers called the "Pagans".They`re a rival gang of the Angles.But at this gathering,they were going after the Tri-County club for the crime of wearing "colors" or your clubs name on your jacket.Many 1%ers claim that "right" only for themselves.

At the post charity cook-out,the Pagans arrived without bikes.....six of them came in one van.

Quietly at 1st,the Pagans went around from table to table,tent to tent,grabbing the club jackets and at knife point,ripped the patches off the jackets,pushed people around and then going to the next table.......where a couple of the Tri-County club riders where laying in wait with hand guns.They had been attacked by the Pagans in the past,in the same way.

When the Pagans got around to them,guns were drawn,knives were swinging and a some shots were fired.One Pagan said,"pull a gun on a Pagan and you`re dead"....I think he survived but some others didn`t.Tri-County riders and some girlfriends were stabbed in the neck and a most all of them went to jail,including the Tri-County shooter.

They found that he knew the Pagans were coming and was laying in wait......which is not legal and put him in jail.Just a regular working joe he was,sent to jail,for a long time.

What the Tri-County riders should have done was called the police.The staties were just down the road a few miles.

As it turned out,the cops wouldn`t even go up to get the wounded till everyone who could walk, came down w/ their hands up.It took hours and hours.



Once he got out of his car, his defense crumbled. When he ignored the advice of the dispatcher, his defense crumbled. He wasn't standing his ground, he was advancing to contact...a much different tactic.




Kirata -> RE: Stand your ground (3/21/2012 7:09:24 AM)


quote:

ORIGINAL: Edwynn

To revisit the situation: The HS senior Trayvon Martin was not nor had not been engaged in an unlawful activity and was then attacked in any other place where he had a right to be and so had no duty to retreat and had the right to stand his ground ("why are you following me?", standing ground ... "What are you doing here" (aggressive force, from a belligerent non-LEO stranger) from a stranger who had no authority but only a red sweatshirt and a menacing demeanor ... "why are you following me?" (standing ground), "what are you doing here?" (aggressive force, from a belligerent wacko) ...

Are we missing something here?

The thing I don't understand is... well let me back up first. Trayvon didn't live there. He was visiting.

Now maybe it's just because I'm a New Yorker, but if I'm in a neighborhood where I don't live, especially late at night, and somebody asks me what I'm doing there, I'm gonna be like, hey, it's cool, I'm just visiting (whoever), he lives at (address), I just ran out to the store (show what I'm carrying) and I'm on my way back, you can check it out man. I wouldn't consider the question un-called for, and I sure as hell wouldn't get fucko with the guy. I'm in HIS neighborhood.

Just sayin, yanno? Doesn't seem like the best judgment was used on either side.

K.




Owner59 -> RE: Stand your ground (3/21/2012 7:15:58 AM)


quote:

ORIGINAL: Kirata


quote:

ORIGINAL: Edwynn

To revisit the situation: The HS senior Trayvon Martin was not nor had not been engaged in an unlawful activity and was then attacked in any other place where he had a right to be and so had no duty to retreat and had the right to stand his ground ("why are you following me?", standing ground ... "What are you doing here" (aggressive force, from a belligerent non-LEO stranger) from a stranger who had no authority but only a red sweatshirt and a menacing demeanor ... "why are you following me?" (standing ground), "what are you doing here?" (aggressive force, from a belligerent wacko) ...

Are we missing something here?

The thing I don't understand is... well let me back up first. Trayvon didn't live there. He was visiting. If I'm in a neighborhood where I don't live (especially late at night) and somebody come up and asks me what I'm doing there, I'm gonna be like, hey, it's cool, I'm just visiting my uncle, he lives at (address), I just ran out to the store (show what I'm carrying) and I'm on my way back, you can check it out man. Yanno? I wouldn't consider the question un-called for, and I sure as hell wouldn't get fucko with the guy. I'm in HIS neighborhood.

Just sayin... doesn't seem like the best judgment was used on either side.

K.


If I`m not mistaken,visiting his father....who lived there.....which would make his pretty damm welcome and on home turf.

But is that all it takes to be chased down and shot to death?

Being in "someone elses" neighborhood?




Kirata -> RE: Stand your ground (3/21/2012 7:22:59 AM)


quote:

ORIGINAL: Owner59

But is that all it takes to be chased down and shot to death?

Oh. Well shit. Zimmerman saw him, chased him down, and shot him dead, just like that. Well hell then, no need for discussion. Thanks for clearing that up. I got misled by reading the newspaper.

K.




Iamsemisweet -> RE: Stand your ground (3/21/2012 7:47:43 AM)

The problem is that the law in Florida requires some determination of the shooters mental state. Hard to determine at best, even harder when there are no eye witnesses to describe the circumstances. In terms of outrage, it would be far worse to hastily arrest someone, and then fail to convict because of a technicality. Hard to believe that Florida was so proud of itself when it passed this law.

At least with the castle doctrine, it should be pretty objective. The intruder is either on your premises or not. That was why I was a little surprised when the incident in my county didn't result in an arrest, since it happened outside of the home. At least I had some sympathy for the home owner in that case, having lived in a rural, isolated setting myself. When help is 45 minutes away, the temptation is to shoot first and ask questions later. Zimmerman didn't have that excuse.

Kirata, I feel the same way about your theory as fargle, I just would have put it in a much nicer way.




DarkSteven -> RE: Stand your ground (3/21/2012 8:01:17 AM)

Okay, I'm at a complete loss. Isn't "self defense" an adequate defense already? What does the "stand your ground" defense offer that self defense doesn't? Why was the additional law necessary?





Edwynn -> RE: Stand your ground (3/21/2012 8:10:07 AM)

quote:

ORIGINAL: Kirata
Now maybe it's just because I'm a New Yorker, but if I'm in a neighborhood where I don't live, especially late at night, and somebody asks me what I'm doing there, I'm gonna be like, hey, it's cool, I'm just visiting (whoever), he lives at (address), I just ran out to the store (show what I'm carrying) and I'm on my way back, you can check it out man. I wouldn't consider the question un-called for, and I sure as hell wouldn't get fucko with the guy. I'm in HIS neighborhood.

Just sayin, yanno? Doesn't seem like the best judgment was used on either side.

K.




It was not late at night, it was just onset of getting dark, it was sometime just after 7 PM. Martin had gone to the store at half time of the NBA all star game. Zimmerman did not ask Martin what he was doing there until after Martin confronted the stranger with the question "Why are you following me?"

quote:

and somebody come up and asks me what I'm doing there,


"somebody"? "somebody" who? What was this particular "somebody" wearing or what did he say or what indication at all was there that this particular "somebody" had any right to ask Martin what he was doing? In my life experience, anybody not a policeman or security guard who asked "what I was doing" when I was minding my own business was in fact himself up to no good.

It doesn't matter if Tayvon Martin lived in the neighborhood or not, some stranger with a red sweatshirt on and obviously not from a LEO nor having any color of authority whatsoever acting in a patently aggressive manner was accosting him (not your everyday "somebody" there) and he felt the need to investigate the matter by asking directly why this wacko was following him. The imposing and aggressive response from this stranger was unlikely to have made Martin suddenly become compliant. I know it surely would not have evoked anything like a compliant reaction from me.

Bottom line, the police were on their way, and the aggressor knew it. There was nothing in Martin's going about having the least cause for concern of imminent danger to anyone, and there was no reason whatsoever to pursue or confront when the professionals, the police, were less than two minutes away.

Given Zimmerman's history, including 46 911 calls within a year, and -Neighbors told the publication he was known to go door-to-door asking residents to be on the lookout for strangers, “specifically referring to young black men who appeared to be outsiders.”-

I can imagine his tone of voice when demanding "what are you doing here?" would not have been the most reassuring to the young man who had just come from the store to get a drink and was talking to his girlfriend on the phone, 100% normal teenage and even adult behavior, 'suspicious' to no one else but this nut case Zimmerman.

Sorry, I'm not going for it. No one in that neighborhood, possibly excluding Zimmerman, knew everybody in the neighborhood well enough to accurately ascertain who 'belonged' there or not. Even people in gated communities have family and friends outside that community who visit on a regular basis, so there is nothing the least unusual about a non-gated person walking along the street in such circumstance.

No, I'm not going for that crap at all.






Iamsemisweet -> RE: Stand your ground (3/21/2012 8:10:50 AM)

It has been a long time since I took criminal law, DS, but as I recall, these laws define the circumstances when deadly force is justified in a case of self defense. So, if someone attacks you with a banana, you can defend yourself ( self defense) and not get arrested for assault. You could not, however, kill your attacker and not get arrested for murder unless you meet a different legal standard.




farglebargle -> RE: Stand your ground (3/21/2012 8:15:05 AM)

quote:

ORIGINAL: Iamsemisweet

The problem is that the law in Florida requires some determination of the shooters mental state.


Irrelevant in the murder of Trayvon Martin. When you are the aggressor, you don't have any right of self-defense until you're broken off your attack, tried to retreat, are unable to retreat and are pretty much beaten to death.

Broken bones. Stitches... That sort of thing. And since (1) Zimmerman PURSUED his victim and (2) Zimmerman's "injuries" didn't necessitate a call to EMS, it's clear to everyone that he doesn't meet that standard for using deadly force as a consequence of his aggression.

The real question is "What does George Zimmerman have on the Sanford PD, that they'd fail to follow basic procedure in a murder investigation?"

I await the FBI's examination of that question eagerly.




Iamsemisweet -> RE: Stand your ground (3/21/2012 8:27:55 AM)

Of course mental state is relevant! I am sure the story Zimmerman is telling is somewhat different. It is only through the course of investigation that a truer picture of his mental state can be determined. This statute puts a huge burden on the prosecution for these cases to be winnable. I would rather that they put together a winnable case than arrest someone quickly because of public opinion.

By the way, innocent until proven guilty, right?
quote:

ORIGINAL: farglebargle

quote:

ORIGINAL: Iamsemisweet

The problem is that the law in Florida requires some determination of the shooters mental state.


Irrelevant in the murder of Trayvon Martin. When you are the aggressor, you don't have any right of self-defense until you're broken off your attack, tried to retreat, are unable to retreat and are pretty much beaten to death.

Broken bones. Stitches... That sort of thing. And since (1) Zimmerman PURSUED his victim and (2) Zimmerman's "injuries" didn't necessitate a call to EMS, it's clear to everyone that he doesn't meet that standard for using deadly force as a consequence of his aggression.

The real question is "What does George Zimmerman have on the Sanford PD, that they'd fail to follow basic procedure in a murder investigation?"

I await the FBI's examination of that question eagerly.




Owner59 -> RE: Stand your ground (3/21/2012 8:55:06 AM)

Had the "enforcer" had a badge and training.....it wouldn`t have been a question who was who......

The youngster also asked the shooter, WHO HE was.......too.

Dark rainy night,a guy in plain clothes comes up to you with a gun........how are you going to react.......running, would be one reasonable answer.

When did running away from a stranger with a gun ...... become suspicious?Seems to me what any living creature would do.




Edwynn -> RE: Stand your ground (3/21/2012 9:02:27 AM)

quote:

ORIGINAL: Kirata
 Doesn't seem like the best judgment was used on either side.

K.



I'm still not getting this.

I'm not getting just what 'judgment' is apparently required or more especially -why- anything like 'judgment' of the victim is to be put on a score card when confronted with spontaneous adverse circumstance.

The case under consideration shows that Zimmerman most certainly had both the time and the information about the response and impending actions of law enforcement to be able to exercise judgment, good or bad, in the matter. He also pronounced judgment on someone simply walking down the street coming back from the store as being a 'suspicious person' within his consideration.

Martin was confronted with a relatively sudden and out of the ordinary adverse situation and had little time for sober judgment of potential response, not to mention that such circumstance as Martin was presented with does not normally charge the responder with the extra burden of exercising 'best judgment' beyond such imposition already at hand being dealt with.






Kirata -> RE: Stand your ground (3/21/2012 9:11:21 AM)


quote:

ORIGINAL: Owner59

Dark rainy night,a guy in plain clothes comes up to you with a gun........how are you going to react.......running, would be one reasonable answer.

When did running away from a stranger with a gun ...... become suspicious?Seems to me what any living creature would do.

When was the last time you fucking knew what you were talking about? [:D]
    The Sanford Neighborhood Watch volunteer who shot and killed Trayvon Martin, an unarmed black teenager, did not instigate the encounter but has received death threats and moved out of his home, his father told the Orlando Sentinel on Thursday...

    George Zimmerman is Hispanic and grew up in a multiracial family, the statement says. "He would be the last to discriminate for any reason whatsoever...," the letter says. "The media portrayal of George as a racist could not be further from the truth..."

    Police have released little information about what happened that night and no details about how Trayvon and Zimmerman came to be face to face...

    Zimmerman told police he acted in self-defense. Police found blood on his face and the back of his head as well as grass on the back of his shirt.

    That jibes with what Cheryl Brown's teenage son witnessed while walking his dog that night. Thirteen-year-old Austin stepped out his front door and heard people fighting, he told the Orlando Sentinel on Thursday.

    "I heard screaming and crying for help," he said. "I heard, 'Help me.' " It was dark, and the boy did not see how the fight started, in fact, he only saw one person, a man in a red shirt — Zimmerman — who was on the ground...

    Both Zimmerman families have moved out of their homes, at least temporarily, Robert Zimmerman said, because they've received death threats.


    Reference: Orlando Sentinel
But hey, shoot first and ask questions later, right?

K.




Edwynn -> RE: Stand your ground (3/21/2012 9:20:19 AM)

quote:

ORIGINAL: Kirata


quote:

ORIGINAL: Edwynn

Zimmerman did not ask Martin what he was doing there until after Martin confronted the stranger with the question "Why are you following me?"


Well, to me at least, "What are you doing here?" makes clear the nature of questioner's concern, and I would immediately understand why he had been following to see where I was going. From there, it's not too difficult to imagine a scenario with a happier ending.



Obviously, we have very different life experience.

"What are you doing here" from a non-LEO person makes clear the nature of the questioner himself, in my experience that being the nature of an asshole.

Martin's response is my response, to a T.

Don't follow me.










LoreBook -> RE: Stand your ground (3/21/2012 9:20:57 AM)

quote:

if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
I don't see how, in light of the above section of the law quoted by the OP, the defense could stand up. Unless of course being black is a "forcible felony"

The preceding statement represents the views and opinions of the author and the author alone, and should in no way be considered an attempt by the author to define or determine anything for anybody but herself..




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